ML100770584

Petitioners' Corrected Response to Licensing Board Memorandum and Order Regarding Prehearing Conference Transcript Corrections

ML100770584
Person / Time
Site:	Bellefonte
Issue date:	03/18/2010
From:	Jay Dougherty Blue Ridge Environmental Defense League
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, RAS 17587
Download: ML100770584 (12)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Tennessee Valley Authority Docket Nos. 50-438 and 50-439 Bellefonte Nuclear Power Plant Units 1 and 2 March 18, 2010 PETITIONERS CORRECTED RESPONSE TO LICENSING BOARD MEMORANDUM AND ORDER REGARDING PREHEARING CONFERENCE TRANSCRIPT CORRECTIONS This filing presents the Board with revisions to the proposed transcript corrections filed by Petitioners March 15, 2010. The revised corrections are contained in the Appendix.

The revised proposed corrections have been reviewed by counsel for TVA and the Staff; no objections were expressed.

Respectfully submitted, Signed (electronically) this 18th day of March, 2010, in Washington, D.C.

James B. Dougherty, Esq.

709 3rd St. S.W.

Washington, D.C. 20024 (202) 488-1140(v)

(E-mail: jimdougherty@aol.com)

Counsel for Petitioners Blue Ridge Environmental Defense League, et al.

Appendix - Proposed Corrections to Transcript Page Line Action 2 3 delete esq.

3 9 dougherty mispelled 3 23 substitute its chapter the Bellefonte Efficiency and Sustainability Team for efficiency and sustainability chapter; 4 11 substitute withdrawal for withdraw 16 3 substitute proceeding for proceedings 16 8 strike a 16 11 insert reserve after will 16 16 replace he with the 16 20 insert . The Commission said before that section 185" 16 23 insert but if you look at section before 185" 16 25 insert a before CP 17 2 substitute closely for closer 17 4 insert the before good cause 17 6 insert stricture or before requirement 17 6 substitute you havent submitted a pleading for entered 17 7 substitute filed for file 17 12 insert what we have before here 17 13 insert no one including before petitioners 17 15 substitute deadline they before simply 17 16 substitute theyve come for comes 17 17 substitute into the rubric of for in a 17 21 substitute part for point; substitute context for content 17 22 substitute its for the 18 4 insert again theres been before no 19 9 insert a before construction 18 13 substitute were the lights for the plate 18 17 insert as well explain before when; insert contention on before quality 18 18 substitute applicant just walks away from a for operating; insert and before comes 18 21 substitute : inimical to T for . T 18 24 substitute is made for makes that 19 6 substitute anything. for them 19 8 substitute make for may 19 9 substitute applicants for applicant 19 11 substitute by for with 19 14 insert without groundings. after sort of 19 20 insert So were at sea here. And it puts us at a real disadvantage. before We.

19 21 substitute while it tries for try 19 22 substitute its for and 19 25 insert is where before we

20 1 insert show up at the prehearing conference and before say 20 2 insert it after hate 20 3 insert arguments after due process; insert but thats sort of the position we find ourselves in before we now; substitute we dont even know what the rules here are yet for we now; 20 4 substitute the good cause standard for good cause standing; 20 23 substitute does for is 28 1 insert would before just 28 12 insert The before Commission 28 17 insert if they were fairly and finally resolved before 30" 28 18 substitute raising these new issues for issue 28 22 substitute context as for contacts that 28 23 insert new before information 29 2 insert ambient before water 29 3 insert new before information 29 7 insert and environmental before questions 29 18 substitute OL for oral 31 16 substitute adequacy for advocacy 32 10 substitute review for reading 32 13 insert the before EIS; substitute An for And 32 14 insert an before EIS 32 15 insert an before operating 32 22 substitute NEPA for the meaning 32 23-24 substitute are to be determined for should be rejected 33 6 insert It is appropriate that these be done at the level of the environmental impact statement. before These are 33 7 substitute reinstatement for reinstate 34 5 substitute two reactors at for through 34 7 insert the before environmental assessment 34 25 substitute in the context of for we contacted 35 3 insert a before close 35 9 substitute varmints for environments 35 11 substitute sawzalls for saws 35 12 substitute condensers for basically 35 14 substitute sui generis for too generous 35 18 insert worth before of 35 23 insert How is that going to be done? How is that going to be welded? after in.

37 2 substitute make for find 37 2 delete EIS 37 12 substitute he for it 37 15 substitute say thats for said 37 16 substitute inapplicable for applicable; insert for both environmental and technical questions at the end of the sentence 37 17 strike Environmental questions 37 18 insert . The ecology has changed, after changed

37 19 substitute changed for change; insert the before economy; insert theres before new 37 20-21 substitute the environmental review for environmental limit 56 7 insert interim before mechanism 56 20 insert the before Staff 56 22 insert a before regulation 56 23 insert an before EIS; substitute EISs of course are for EIS is 56 24 insert an before EIS 57 4 strike that 57 6 insert in a context before historically 57 7 substitute compliance as for compliances; insert Its just stuff you gotta do -- a box on a checklist 57 9 insert the before environmental 57 16 substitute were supplementing it for supplementing 57 20 substitute ? for .

58 3 insert to be before meaningful 58 5 substitute the CPs for CP; delete comma 58 6 substitute . As for because 58 7 substitute tendon for attendant 58 9 substitute assessments for Staff 58 10 substitute that for in and ; insert is before money 58 12 insert with before every 58 16 substitute preferable power available at lower cost for available power and over cost.

58 19 insert of before 1" 59 1 substitute anyway for any way 59 3 substitute That sort of for Thats 59 5 insert they before say; substitute that for a; substitute there for it 59 11 substitute Or they may, for and 59 16 insert they never initiated construction or they never before completed; substitute were for are 59 20 delete first assumption 59 22-23 substitute on a reinstated for and reinstate the 60 1 insert the before staff 60 5 insert its before environmental 60 6 insert the before facts 60 7 insert order before in 60 10 substitute is for ,

60 12 substitute such as its failure to consider for and so considered 60 14 substitute issuances for issues 65 13 insert to be before tantamount; substitute issuance for issue 65 16 insert - before that 65 18 insert Admittedly before there; insert - here theyve before upgraded 65 19 substitute under for on 65 19-20 substitute from terminated to deferred for to terminate the deferred 65 20 insert there before could

65 21 insert the way I think before any 65 22 insert is theyve been before granted; insert of their authority before to 65 23 insert and it before must; insert if before construction 65 24 insert its possible that before if; substitute an for a 66 1 substitute NEPAs for NEPA; insert but we would consider that segmentation.

after way 66 4 substitute indeterminate for determining; insert some months from now after stage 67 13-14 substitute - both the petition and the supporting affidavit of Dr. Gunderson -

speak for themselves for and supporting affidavit Dr. Gunderson speaks are 67 16 delete is 67 21 substitute have for has 67 22 insert have after we 67 24 substitute Gunderson for henderson; insert Richter 4 or higher before have 68 2 substitute I would also note that in for And 68 3 substitute Joseph for jesse 68 4 insert he before pointed 68 5 insert site suitability before determinations; substitute have for has 68 6 substitute site for cite 68 7 substitute suitability for cert ability 68 9 substitute contention for context 68 16 insert proceeding before is 68 17 substitute planning for plant 68 19 insert decisions that have to be made by the Commission before and 68 24 insert weve before supported 68 25 substitute to for toe 69 2 insert theres before some 69 15 substitute redesign for design 69 15 insert more tendons, before thicker 69 18 substitute Once the plant is constructed for after; substitute an for a 69 18 insert and irretrievable before commitment 69 20 substitute tendons for addendum 70 1 substitute system being for position of 70 2 substitute suitability for cert ability 70 3 insert is before not; insert on these things after TVA 70 7-8 substitute Yes but they are also to be made at the time the construction permit is issued for all 70 9 substitute 30" for 230" 70 11 insert Yes but according to Staff member Williams, before those 70 12 insert thats not what our contention goes to; before what 70 15 substitute to authorize for the; insert of before construction 70 16 insert it before should; substitute seismicity for seismic; substitute calculus for information 70 23 substitute Gunderson for henderson 70 24 substitute of the for and 71 3 substitute pretend for intend

81 13-14 substitute - that its outside the scope - as its been for that's outside of scope.

It's Been 81 16 substitute out by the Commission but we think it was for up been by the complex 81 17 substitute of the for is 81 25 substitute actually that the public health and safety for fully compensate 82 4 insert if at before the 82 4-5 substitute it were discovered for they were discovering 82 5 substitute were seismicity for seismic 82 6 substitute adding tendons perhaps or whatever for and 82 16 insert well we think it unlikely that any agency whether its the NRC or another agency or this panel or before any other 82 17 insert on this plant before and 82 18 substitute got for been 82 19 insert Judge Barrata before comment 82 20 delete , after theoretically 82 21 insert but there are a lot of things stacked up against that before and 82 22 substitute directs this Panel to for will 82 24 substitute these issues and for the SQUUISH 82 24 insert before they get literally set in concrete. after before 86 10 insert who drafted this contention before I 86 10-11 substitute is not named for did not mean 86 14 insert many of which before would 86 20 insert open, before public; insert and really starting at square one and before re-evaluating; delete with 87 2 insert two or three or four before and 87 3 insert exactly before the; insert and before we 87 4 substitute . Theyve for and 87 6-7 substitute and theyve said we dont know if were going to construct zero or one or two for affect the NEPA process.; insert And that is before as it 87 10 insert it before may 87 12 substitute that for the 87 14 substitute markets have created a situation in which for technology that 87 16 substitute there will be for the 87 18 substitute that this is a fair question for for a fair; substitute in for of 88 2 insert it or the before NRC; substitute there are for the 88 3 insert and environmentally preferable ways of before going 88 4 substitute in for is the 88 24-25 substitute will look worse. It will be more expensive and environmentally poorer for is more expensive than environmentally 89 4 substitute and for did 89 13 substitute That may be for then maybe 89 17 insert complete before and 89 23 substitute engineering for emerging 89 25 insert subject to entropy before so 90 1-2 substitute Babcock and Wilcox 205" for Wilcox 2 and 5" 90 4 substitute ken for ten

90 19 insert challenge after energy 91 7 delete this morning 91 8 insert But before I; insert had before done 91 9-10 substitute I was surprised. That was the first Id heard of it. for I was surprised.

92 4 insert being involved after there 109 19 substitute lawyer for labor 109 20 substitute took for had 109 21 substitute and sent for to send 109 24 insert and legal argumentation after challenges 110 1 insert of this Panel before to; 110 2 substitute of for if 110 5 substitute construed for considered 110 6 substitute TVAs for TVA 110 11 insert is that before we 110 13-14 substitute and that that questions as to what this means needs for question need 110 19 substitute and for in the; substitute these for this 110 21 substitute build for vote 110 25 insert the before 3"; insert was before when 111 6 delete have 111 9 insert theyre before being 111 13 insert are in play. And that before actually 111 15 substitute it wants for they want 112 1 insert the before cost 112 4 substitute knows for know 112 6 substitute surrounded for born 112 9 insert have before been 112 10 substitute a for the 112 17 substitute the for that 112 20 delete the and 112 23 insert cost of before alternative 113 8 insert within the past year before by 113 9 substitute Keystone for keystone 113 10 substitute delivered for delivery 114 7 insert and before citations 114 10 insert levelized costs before of power 114 15-16 substitute those data in the Keystone for in the case note 115 15 substitute had done for got 115 18 insert in the context before of 118 2 delete it; insert what this case was about that after wife 118 5 substitute was for is 118 6 insert ? after kidding 118 14 substitute a for the 118 17 delete , after of 118 20 substitute process for ross

118 21 insert at any point before you 119 10 insert in fact before certain 119 11 substitute There have been for Theres 119 25 substitute jurisdiction for jury 120 5 insert that before this 120 11 insert and before cured 120 13 insert have before lost 120 14 insert really have to before say; insert that before Mr.

120 19 insert actually before considered 121 13 insert is before that 121 17 insert data for the before missing 121 19 insert do before know; insert that before parts 121 19 insert thats just a dark period and before that 121 20 insert now.... after attempt 122 10 insert what were saying is that they should do it before in 122 11 insert Its not enough for them to put a sentence in a letter saying weve got this under control. before The 122 12 insert that before they 122 13 insert that before they 122 20 substitute in for and 122 23 substitute if for to 122 25 substitute expert for attorneys 123 2 substitute not for thought 123 3 insert that before is 142 1 substitute so it preceded any of our contentions for and proceeded our intentions 142 9 insert affected interested before public 142 10 substitute tested for testified 142 12 substitute subject to your for part of the 142 21 substitute layup for Layia 142 25 insert which is before what 143 1 substitute corrective action for discretion action 143 2 insert be making before judgments 143 3 substitute CAP for cap 143 6 substitute be involved in testing for test 143 7 substitute that for ,

143 9 substitute Bollwerk for Baratta 144 1 insert to answer the existing and unresolved questions before ,

144 2 substitute all those for the 144 13 substitute we need a for in the 145 24-25 substitute site suitability for sites ability 146 1 substitute portends for pretends 146 12 substitute . We think that for ,

147 4 havent said all actually. What weve said is for say 159 15 substitute By now there is an evident for Dougherty were. There is a 159 16 in has before emerged; substitute in for and; substitute opposition to for of six of

159 17 substitute no for for 159 19 substitute that for the; insert that before deal 160 13 insert then the OL proceeding is the right place to do that. Similarly, before if 160 14 insert that needs before to 160 16 insert for the OL proceeding at the end of the sentence 160 23 substitute 30" for 300" 160 24 substitute this for there 161 1 insert so before that 161 2 insert what the answer would be after idea 161 24 substitute the OL for this 161 25 insert immediately at the end of the sentence 162 15 substitute operating for separating 162 16 insert in a manner before that; substitute some rebuilding for ring 163 6 insert and were not going to petition to change it after process 163 7 insert the before two; substitute get for are 163 8 insert get before the second raised 163 9 substitute we consider the issues that weve raised here for you consider the issues we raise 163 15 insert And as we said that might have been a great step forward, before But; substitute our before a 163 23 insert that before equipment; insert that is before installed 163 25 insert its before useful: substitute Aging for agent 164 1 substitute preconditioned for reexamined 164 2-3 substitute end-ofinstalled for the installed 164 9 substitute Were now looking at for -- 36 years ago and now we have 164 11 no new paragraph 164 14 substitute initial for official 164 15-16 substitute one of the consequences that for a consequence of 164 17 insert it after resume 164 21 substitute 50.49(e)(5) for 50.4095"; substitute its for the 164 22 substitute concludes for conclusions 171 11 substitute . Theres been for ,

172 10-10 substitute Inevitably for Over time, 172 16 delete a 172 19 substitute contention that for conditions 172 24 insert of fish and shellfish before have 173 3 substitute number of impoundments on the river whose operations for flub --

numbers operations who 173 3 insert a lot before to 173 10 substitute in a way that it for this is a way we 178 8 substitute familiar enough with this record to be able to state this with certainty, for to deal with this 178 10 substitute issues for issued 178 16 insert perhaps before should should be before they 181 19 substitute this for there 181 23 insert and are before making; insert points after valid

181 23-24 substitute there has been a history for is list 181 25 substitute incumbent on you for income went; substitute these statements for this 182 4 substitute illuminated for eliminated 182 5 insert an before adjudicatory 182 6 insert can just before say 182 8 insert an before adjudicatory 182 9 insert about this before in 182 10 substitute three for he 182 14 substitute there for they 182 17 substitute fact that for facts 182 20 substitute be considering a proposal thats unclear for consider a proposal it agencies will 182 21 substitute we dont even know for tonight 182 23 insert and before hardest 182 24 substitute now for new 183 1 insert what is before our 183 1 delete as party -

183 2 insert trying to justify our contentions after petitioners 186 2 insert North Anna re-racking before in 1979".

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Tennessee Valley Authority Docket Nos. 50-438 and 50-439 Bellefonte Nuclear Power Plant Units 1 and 2 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Petitioners Response To Licensing Board Memorandum and Order Regarding Prehearing Conference Transcript Corrections were served this day on the following persons via Electronic Information Exchange.

Office of the Secretary Kathryn M. Sutton, Esq.

ATTN: Docketing and Service Lawrence J. Chandler, Esq.

Mail Stop 0-16C1 Morgan, Lewis & Bockius LLP US Nuclear Regulatory Commission 1111 Pennsylvania Ave., NW Washington, DC 20555-0001 Washington, DC 20004 (E-mail: hearingdocket@nrc.gov) (E-mail: ksutton@morganlewis.com, lchandler@morganlewis.com)

Office of Commission Appellate Adjudication Martin J. ONeill, Esq.

US Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP Washington, DC 20555-0001 1000 Louisiana St., Suite 4000 (E-mail: ocaamail@nrc.gov) Houston, TX 77002 E-mail:

Patrick A. Moulding, Esq. martin.oneill@morganlewis.com Ann P. Hodgdon, Esq.

US Nuclear Regulatory Commission Edward J. Vigluicci, Esq.

Mail Stop O-15 D21 Scott A. Vance, Esq.

Washington, DC 20555-0001 Tennessee Valley Authority (E-mail: patrick.moulding@nrc.gov, 400 West Summit Hill Dr., WT 6A-K ann.hodgdon@nrc.gov) Knoxville, TN 37902 (E-mail: ejvigluicci@tva.gov, Louise Gorenflo savance@tva.gov)

Bellefonte Efficiency & Sustainability Team 185 Hood Drive Crossville, TN 28555 (E-mail: lgorenflo@gmail.com)

Andrea Z. Jones, Esq.

Counsel for NRC Staff US Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001 Signed (electronically) this 18th day of March, 2010, in Washington, D.C.

James B. Dougherty, Esq.

709 3rd St. S.W.

Washington, D.C. 20024 (202) 488-1140(v)

(E-mail: jimdougherty@aol.com)